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combatant. i strongly disagree with the obama administration's decision to rule out enemy combatant status for the suspect at this time. i believe such a decision is premature. it's impossible for us to gather the evidence in just a few days to determine whether or not this individual should be held for questioning under the law of war. the decision by the obama administration to try this individual in federal court is a sound decision. it is the right decision. military commission trials are not available in cases like this. i wrote the 2009 military commission act. i have been judge advocate for over 30 years. along with the help of my colleagues, we created military commission system for foreign errorists. i have confidence in the world at the three courts at the federal level do a terrific job. i have confidence in our military commission system. the decision by the administration to not proceed into state court in massachusetts i think was the correct decision. the death penalty slable at the federal level. this is clearly in my view candidate for case to be deemed act of terrorism. h
should be tried as an enemy combatant in the military tribunal. but i think the obama administration was arguing very reasonably this was basically a u.s. citizen. tsarnaev had recently been naturalized, who committed allegedly, these acts on u.s. soil. so it was pretty straightforward. and you know, what's been left out of the conversation, i think is just how troubled the military tribunal system has become. it has really become difficult. a lot of tainted evidence, a lot of questions about whether, in any way, you can reconcile the procedures of these military tribunals with the constitution. that's something the administration didn't want to get into particularly given as carney pointed out you've had hundreds of terrorists prosecuted in u.s. courts and quite successfully. >> bill: in fact, senator dianne feinstein and yesterday jay carney made the same point that it would be -- it is unconstitutional to try an american citizen as an enemy combatant, right? an american citizen has certain rights under the constitution which we just can't ignore. >> yeah, i mean you know, there ar
be considered an enemy combatant? >> guest: absolutely goes back to the civil war. goes certainly to world war ii. anwar al-awlaki was american-born. president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he didn't treat those terrible tragedies as access war, but appropriately treated them as heinous criminal acts to be investigated, prosecuted, and appropriately punishes. >> host: al-alwaki was an american citizen, kimed on orders of president obama. did president obama violate the constitution by doing that? >> guest: well, actually, we have a lawsuit in which we are seeking to get answers from the administration about what legal standards they used and invoked. >> see
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